Regardless of the seriousness of a drink driving charge it is open to a court not to impose any penalty but dismiss the charge under section 10 of the Crimes (Sentencing Procedure Act). If an order is made under section 10 there is no criminal conviction recorded and no disqualification or fine imposed.

Offence

Maximum fine

Maximum jail

Automatic disqualification

Minimum disqualification

Drink driving penalties in NSW– First Major offence* within 5 years

Novice range PCA 0.01 – 0.019

$1,100

Nil

6 months

3 months

Special range PCA0.02 – 0.049

$1,100

Nil

6 months

3 months

Low range PCA 0.05 - 0.079

$1,100

Nil

6 months

3 months

Mid range PCA 0.08 - 0.149

$2,200

9 months

12 months

6 months

High range PCA over 0.150

$3,300

18 months

3 years

12 months

Driving under the influence (DUI)

$2,200

9 months

12 months

6 months

Refuse breath analysis

$3,300

18 months

3 years

12 months

Wilfully alter blood concentration

$3,300

18 months

3 years

12 months

Refuse breath test

$1,100

Nil

6 months

Nil

Drink driving penalties in NSW– Second or subsequent major offence within 5 years

Novice range PCA (0.00 – 0.019)

2200

Nil

12 months

6 months

Special range PCA ( 0.02 – 0.049 )

2200

Nil

12 months

6 months

Low range PCA ( 0.05 - 0.079 )

2200

Nil

12 months

6 months

Mid range PCA ( 0.08 - 0.149 )

3300

12 months

3 years

12 months

High range PCA ( over 0.150 )

5500

2 years

5 years

2 years

Driving under the influence (DUI)

3300

12 months

3 years

12 months

Refuse breath analysis

5500

2 years

5 years

2 years

Wilfully alter blood concentration

5500

2 years

5 years

2 years

Refuse breath test

1100

Nil

Definition of Drink Driving Terms

Automatic period of disqualification: This is the period of disqualification that you can expect a court to impose for a drink driving charge.

Major offence includes the following offences (uncommon offences not included):

Minimum period of disqualification: This is the minimum period of disqualification that a court can impose for a drink driving charge.

PCA stands for prescribed concentration of alcohol.

where to next?

In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.